Originally Posted by
tomgoodman
FTB,
That might work, but I think the Court of Appeals upheld the ruling against GE not because their offer was unreasonable, but because they refused to negotiate about it or even consider counter-offers. That was seen as an assault on the collective bargaining process, even if the opening offer was fair and generous. My interpretation could be wrong, of course.
Aside from the legalities, I think it would be unwise to try and get around the whole mediation dance with the NMB. We have to play their game. In a very real sense, they are the ones we are really negotiating with.
The NMB has essentially become the dictator of airline labor contracts.
Its the govt that sets the wages and working conditions in this industry, not labor or management.
Its just as important (if not more important) to convince the mediator and the Board that our position is fair, reasonable and affordable as it is management.
If its the Board's opinion that you haven't prepared or are asking for too much or you don't have the proper attitude then you just get "parked". (ala APA)
That's ALPA's advantage (at least theoretically). We've invested mega-millions of dues dollars setting up all the political and economic infrastructure that is necessary these days to present a case to the NMB. We've been laying the groundwork for a long time. Hopefully it will pay off.
Self-help is an illusion unless the govt approves. And they rarely do.
Think about it. DALPA can't threaten a strike, only the NMB can.
No matter how unified or militant we are, we're not getting the contract we want unless the NMB thinks we should have it. Management's thoughts on the matter are almost secondary.